What Do You Think About Excluding a Father Who Sexually Assaulted His Own Daughter from Public Disclosure?

2570 Cases of Familial Sexual Crimes in 5 Years... Increasing Annually
Controversy Over Excluding Identity Disclosure of Father Who Sexually Assaulted Daughter
Expert: "Disclosing Identities of Familial Crime Perpetrators Contradicts Victim Protection Intent"

There is a controversy over the public disclosure of the identity of Mr. A, a man in his 50s who sexually assaulted his biological daughter.
Photo by Yonhap News

[Asia Economy Reporter Kang Juhee] A heartless father who sexually assaulted his own daughter has been excluded from the 'sex offender identity disclosure' list, sparking a heated debate over the pros and cons. The intention is to prevent secondary damage caused by exposing the victim's identity, but some argue strongly that identity disclosure is necessary to prevent recidivism.

Experts pointed out that in cases of familial sexual crimes, disclosing the perpetrator's identity goes against the protection of the victim.

According to the legal community on the 3rd, a man in his 50s, Mr. A, was brought to trial on charges of sexually assaulting his own daughter twice after drinking at home around April last year. The 1st Criminal Division of the Jeonju Branch of the Gwangju High Court (Chief Judge Kim Sungjoo) sentenced Mr. A to nine years in prison in the second trial, the same as in the first trial, on charges of violating the Special Act on the Punishment of Sexual Crimes (rape within a familial relationship).

The daughter escaped from the house while Mr. A was in the bathroom and reported to the police. It was reported that she suffered mental distress after the incident and even attempted an extreme act.

During the investigation, Mr. A reportedly denied the charges, stating that "we had consensual sexual relations, so it was not rape."

The court criticized, "The defendant has a history of multiple sexual offenses but still raped his own daughter twice in this case. The victim suffered severe mental shock, yet the defendant consistently denied the crime with implausible excuses."

It added, "Considering that the crime was committed just one month after the probation period ended, and the defendant's continuous denial with unreasonable excuses, the circumstances after the crime are unfavorable, making severe punishment inevitable," explaining the sentencing rationale.

However, the court did not issue an order to disclose Mr. A's identity as a sex offender. This was due to concerns that revealing the defendant's identity, which includes details of the familial relationship and the crime, could expose the victim's identity as well.

According to data from the Ministry of Justice, sex crimes involving relatives are increasing every year, raising public anxiety.
/Photo by Yonhap News

Nevertheless, despite these concerns, there are opinions insisting that the perpetrator's identity should be disclosed. Sexual crimes have a high recidivism rate, and not disclosing the identity does not help prevent crimes after the perpetrator's release.

According to a survey, familial sexual crimes have been steadily increasing. Data on 'sexual violence crimes within familial relationships' submitted by the Ministry of Justice to Kim Do-eup, a member of the People Power Party, shows that from 2016 to October last year, a total of 2,570 cases of sexual violence within familial relationships were reported.

By year, the numbers were ▲ 500 cases in 2016 ▲ 535 in 2017 ▲ 578 in 2018, showing a steady increase over three years. In 2019, there was a slight decrease to 525 cases, but the number remained above 500, which is still significant.

Last May, incidents such as a father in Ulsan sexually assaulting his daughter for 15 years, causing her to become pregnant and undergo abortion four times, and a case in Jeju where a minor daughter was sexually assaulted dozens of times over seven years, sparked public outrage.

As a result, voices among some citizens demanding disclosure of the perpetrator's identity have grown louder.

One netizen said, "Sexual crimes against family members are more heinous and of worse quality than general sexual crimes. The thought of such a person living in prison and then roaming freely in society without any restrictions after release makes me anxious and worried."

Experts emphasized that disclosing the perpetrator's identity in familial sexual crimes contradicts the protection of the victim.

Attorney Lee Eun-ui (Lee Eun-ui Law Office) stated, "In general sexual crime cases, disclosing the perpetrator's identity is possible, but in sexual crimes within families, there is a risk that the victim's identity will also be revealed, which ultimately does not help the victim. Therefore, identity disclosure is not appropriate."

She added, "Identity disclosure is not for punishment or penalizing the perpetrator but is an ancillary measure for preventing recidivism. Therefore, it should align with this purpose, but disclosing the identity of familial sexual offenders is far from the intent of preventing similar crimes. Unless the victim consents to the disclosure of the perpetrator's identity, protecting the victim must be the top priority."

However, the attorney added, "If the perpetrator commits another sexual crime separate from the familial sexual crime case, identity disclosure may be carried out concerning that separate case."

This content was produced with the assistance of AI translation services.